§ 29-35-203 — Department of local affairs collaboration - goals - transit-oriented community authority

(1) As determined to be appropriate by the
executive director of the department, the department shall collaborate with the
department of transportation and the Colorado energy office in fulfilling the
requirements and goals of this part 2.

(2) The goals of this part 2 are to:

(a) Increase opportunities to construct housing near transit in order to
provide benefits including regulated affordable housing, accessible housing,
regional equity through a balance of jobs and housing, improved and expanded
transit service, and multimodal access to daily needs within mixed-use pedestrian-oriented neighborhoods; and

(b) Increase opportunities for housing production by providing appropriate
zoning capacity buffers.

(3) Nothing in this part 2 prevents a transit-oriented community, or other
relevant entity, from:

(a) Enforcing infrastructure standards in local law that result in the denial or
conditioning of permits or approvals for specific housing projects in a transit center,
including but not limited to utilities, transportation, or public works codes or
standards;

(b) Adopting generally applicable requirements for the payment of impact
fees or other similar development charges, in accordance with section 29-20-104.5,
or the mitigation of impacts in accordance with part 2 of article 20 of this title 29;

(c) Approving a development application at a lower net housing density than
the maximum allowed net housing density;

(d) Allowing a high amount of zoning capacity in one transit area, while
allowing a very low amount of or no zoning capacity in another transit area;

(e) Implementing discretionary approval processes for subdivisions,
rezonings, variances, or other processes in transit centers outside of project-specific zoning standards;

(f) Creating an optional discretionary review process that may approve
greater density or other more permissive standards than the objective standards
subject to administrative approval in a transit center;

(g) Creating a discretionary review process in transit centers that is available
at the applicant's option and is subject to criteria consistent with the purposes of
this part 2 as established in subsection (2) of this section, including processes such
as planned unit developments;

(h) Not publicly disclosing any confidential information related to water
supplies or facilities;

(i) Allowing commercial uses, business uses, or mixed-use development on a
parcel in a designated transit center; and

(j) Denying or conditioning development projects or building permit
approvals for a failure to meet the requirements of a traffic study that is conducted
using objective standards.

Legislative History

Source: L. 2024: Entire article added (see the editor's note following the part 2 heading), (HB 24-1313), ch. 168, p. 848, � 1, effective May 13.